Genatossio v. Hanover Insurance

INTRODUCTION

On September 27, 1996, the plaintiff Deborah Genatossio filed a complaint for arbitration pursuant to G.L.c. 251 by which she seeks to resolve an under-insurance claim against her insurer, Hanover Insurance Company (“Hanover”). Hanover counterclaimed for declaratory relief, seeking a determination that the tortfeasors were not “underinsured” and that, therefore, Ms. Genatossio has no valid underinsured motorist claim. The resolution of this issue turns on whether the self-retained portion of one of the tortfeasor’s excess liability insurance policy should be considered in…